Connecticut 2025 Regular Session

Connecticut Senate Bill SB01251 Compare Versions

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5-General Assembly Substitute Bill No. 1251
5+General Assembly Governor's Bill No. 1251
66 January Session, 2025
7+LCO No. 4290
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10+Referred to Committee on HUMAN SERVICES
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13+Introduced by:
14+Request of the Governor Pursuant
15+to Joint Rule 9
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12-AN ACT IMPLEMENTING THE GOVERNOR'S RECOMMENDATIONS
13-CONCERNING A DRIVER TRAINING PROGRAM FOR PERSONS WITH
14-DISABILITIES, LEGISLATIVE OVERSIGHT OF MEDICAID STATE
15-PLAN AMENDMENTS AND PENALTIES FOR VIOLATING TIMELY
16-WHEELCHAIR REPAIR STANDARDS.
21+AN ACT IMPLEMENTING THE GOVERNOR’S RECOMMENDATIONS
22+FOR HEALTH AND HUMAN SERVICES.
1723 Be it enacted by the Senate and House of Representatives in General
1824 Assembly convened:
1925
2026 Section 1. Section 14-11b of the general statutes is repealed and the 1
2127 following is substituted in lieu thereof (Effective July 1, 2025): 2
2228 (a) There shall be within the Department of [Aging and Disability 3
2329 Services] Motor Vehicles a unit for the purpose of evaluating and 4
2430 training persons with disabilities in the operation of motor vehicles. 5
2531 There shall be assigned to the driver training unit for persons with 6
2632 disabilities such staff as is necessary for the orderly administration of 7
2733 the driver training program for persons with disabilities. The personnel 8
2834 assigned to the driver training unit for persons with disabilities shall, 9
2935 while engaged in the evaluation, [or] instruction or examination of a 10
3036 person with disabilities, have the authority and immunities with respect 11
3137 to such activities as are granted under the general statutes to motor 12
32-vehicle inspectors. Said Commissioner of Motor Vehicles may permit a 13
38+vehicle inspectors. The Commissioner of Motor Vehicles may permit a 13
3339 person whose license has been withdrawn as a result of a condition that 14
34-makes such person eligible for evaluation and training under this 15
35-section to operate a motor vehicle while accompanied by personnel 16 Substitute Bill No. 1251
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46+makes such person eligible for evaluation and training under this 15
47+section to operate a motor vehicle while accompanied by personnel 16
4048 assigned to the driver training unit for persons with disabilities. [When 17
4149 a person with disabilities has successfully completed the driver training 18
4250 program for persons with disabilities, the Department of Aging and 19
4351 Disability Services shall certify such completion in writing to the 20
4452 Commissioner of Motor Vehicles and shall recommend any license 21
4553 restrictions or limitations to be placed on the license of such person. The 22
4654 Commissioner of Motor Vehicles may accept such certification in lieu of 23
4755 the driving skills portion of the examination prescribed under 24
4856 subsection (e) of section 14-36. If such person with disabilities has met 25
4957 all other requirements for obtaining a license, the Commissioner of 26
5058 Motor Vehicles shall issue a license with such restrictions recommended 27
5159 by the Department of Aging and Disability Services.] 28
5260 (b) Any resident of this state who has a serious physical or mental 29
5361 disability which does not render the resident incapable of operating a 30
5462 motor vehicle and who must utilize special equipment in order to 31
5563 operate a motor vehicle and who cannot obtain instruction in the 32
5664 operation of a motor vehicle through any alternate program, including, 33
5765 but not limited to, other state, federal or privately operated drivers' 34
5866 schools shall be eligible for instruction under the Department of [Aging 35
5967 and Disability Services] Motor Vehicles driver training program for 36
6068 persons with disabilities. 37
61-Sec. 2. Section 17b-8 of the general statutes is amended by adding 38
62-subsection (e) as follows (Effective July 1, 2025): 39
63-(NEW) (e) Notwithstanding the provisions of subsection (a) of this 40
64-section, the Commissioner of Social Services shall submit any Medicaid 41
65-state plan amendment not subject to the legislative approval process of 42
66-subsection (a) of this section to the joint standing committees of the 43
67-General Assembly having cognizance of matters relating to 44
68-appropriations and the budgets of state agencies and human services 45
69-not later than thirty days prior to the commissioner's submission of such 46
70-amendment for federal approval. Said committees may schedule a 47
71-hearing on such state plan amendment in accordance with subsection 48
72-(a) of this section not later than thirty days after receipt of such 49 Substitute Bill No. 1251
69+Sec. 2. Subsection (b) of section 17b-104 of the general statutes is 38
70+repealed and the following is substituted in lieu thereof (Effective July 1, 39
71+2025): 40
72+(b) On July 1, 2007, and annually thereafter, the commissioner shall 41
73+increase the payment standards over those of the previous fiscal year 42
74+under the state-administered general assistance program by the 43
75+percentage increase, if any, in the most recent calendar year average in 44
76+the consumer price index for urban consumers over the average for the 45
77+previous calendar year, provided the annual increase, if any, shall not 46
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77-amendment. If the committees schedule such hearing, the commissioner 50
78-shall not submit such state plan amendment for federal approval unless 51
79-the committees vote to approve the state plan amendment in accordance 52
80-with subsection (a) of this section. If the committees approve such state 53
81-plan amendment with amendments, the commissioner shall submit 54
82-such state plan amendment as amended by the committees. 55
83-Sec. 3. (NEW) (Effective July 1, 2025) The Commissioner of Social 56
84-Services shall submit any Medicaid state plan amendment subject to the 57
85-provisions of subsection (e) of section 17b-8 of the general statutes, as 58
86-amended by this act, for review to the Council on Medical Assistance 59
87-Program Oversight, established pursuant to section 17b-28 of the 60
88-general statutes, not later than thirty days prior to the commissioner's 61
89-submission of such amendment for federal approval. 62
90-Sec. 4. (NEW) (Effective November 1, 2025) (a) As used in this section, 63
91-(1) "authorized wheelchair dealer", "timely repair" and "wheelchair" 64
92-have the same meanings as provided in section 42-337 of the general 65
93-statutes; and (2) "systemic noncompliance" means the failure by an 66
94-authorized wheelchair dealer to meet timely repair requirements in 67
95-accordance with section 42-338 of the general statutes for more than five 68
96-per cent of repair requests in a thirty-day period. 69
97-(b) On and after November 1, 2025, it shall be an unfair or deceptive 70
98-act or practice pursuant to subsection (a) of section 42-110b of the 71
99-general statutes for an authorized wheelchair dealer whose repair 72
100-record meets the definition of systemic noncompliance to fail to comply 73
101-with timely repair requirements in accordance with section 42-338 of the 74
102-general statutes. 75
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84+exceed five per cent, except that the payment standards for the fiscal 47
85+years ending June 30, 2010, June 30, 2011, June 30, 2012, June 30, 2013, 48
86+June 30, 2016, June 30, 2017, June 30, 2018, June 30, 2019, June 30, 2020, 49
87+[and] June 30, 2021, June 30, 2026, and June 30, 2027, shall not be 50
88+increased. 51
89+Sec. 3. Subsection (a) of section 17b-106 of the general statutes is 52
90+repealed and the following is substituted in lieu thereof (Effective July 1, 53
91+2025): 54
92+(a) On July 1, 1989, and annually thereafter, the commissioner shall 55
93+increase the adult payment standards over those of the previous fiscal 56
94+year for the state supplement to the federal Supplemental Security 57
95+Income Program by the percentage increase, if any, in the most recent 58
96+calendar year average in the consumer price index for urban consumers 59
97+over the average for the previous calendar year, provided the annual 60
98+increase, if any, shall not exceed five per cent, except that the adult 61
99+payment standards for the fiscal years ending June 30, 1993, June 30, 62
100+1994, June 30, 1995, June 30, 1996, June 30, 1997, June 30, 1998, June 30, 63
101+1999, June 30, 2000, June 30, 2001, June 30, 2002, June 30, 2003, June 30, 64
102+2004, June 30, 2005, June 30, 2006, June 30, 2007, June 30, 2008, June 30, 65
103+2009, June 30, 2010, June 30, 2011, June 30, 2012, June 30, 2013, June 30, 66
104+2016, June 30, 2017, June 30, 2018, June 30, 2019, June 30, 2020, [and] June 67
105+30, 2021, June 30, 2026, and June 30, 2027, shall not be increased. 68
106+Effective October 1, 1991, the coverage of excess utility costs for 69
107+recipients of the state supplement to the federal Supplemental Security 70
108+Income Program is eliminated. Notwithstanding the provisions of this 71
109+section, the commissioner may increase the personal needs allowance 72
110+component of the adult payment standard as necessary to meet federal 73
111+maintenance of effort requirements. 74
112+Sec. 4. Subsection (a) of section 17b-112g of the general statutes is 75
113+repealed and the following is substituted in lieu thereof (Effective July 1, 76
114+2025): 77
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121+(a) The Commissioner of Social Services shall offer immediate 78
122+diversion assistance designed to prevent certain families who are 79
123+applying for monthly temporary family assistance from needing such 80
124+assistance. Diversion assistance shall be offered to families that (1) upon 81
125+initial assessment are determined eligible for temporary family 82
126+assistance, (2) demonstrate a short-term need that cannot be met with 83
127+current or anticipated family resources, and (3) with the provision of a 84
128+service or short-term benefit, would be prevented from needing 85
129+monthly temporary family assistance. [Within resources available to the 86
130+Department of Social Services, a person who requests diversion 87
131+assistance on the basis of being a victim of domestic violence, as defined 88
132+in section 17b-112a, shall be deemed to satisfy subdivision (2) of this 89
133+subsection and shall not be subject to the requirements of subdivision 90
134+(3) of this subsection. In determining whether the family of such a victim 91
135+of domestic violence satisfies the requirements of subdivision (1) of this 92
136+subsection and the appropriate amount of diversion assistance to 93
137+provide, the commissioner shall not include as a member of the family 94
138+the spouse, domestic partner or other household member credibly 95
139+accused of domestic violence by such victim, nor shall the commissioner 96
140+count the income or assets of such a spouse, domestic partner or other 97
141+household member. For purposes of this subsection, allegations of 98
142+domestic violence may be substantiated by the commissioner pursuant 99
143+to the provisions of subsection (b) of section 17b-112a.] 100
144+Sec. 5. Section 17b-191 of the general statutes is repealed and the 101
145+following is substituted in lieu thereof (Effective July 1, 2025): 102
146+(a) Notwithstanding the provisions of sections 17b-190, 17b-195 and 103
147+17b-196, the Commissioner of Social Services shall operate a state-104
148+administered general assistance program in accordance with this section 105
149+and sections 17b-131, 17b-193, 17b-194, 17b-197 and 17b-198. 106
150+Notwithstanding any provision of the general statutes, on and after 107
151+October 1, 2003, no town shall be reimbursed by the state for any general 108
152+assistance medical benefits incurred after September 30, 2003, and on 109
153+and after March 1, 2004, no town shall be reimbursed by the state for 110
154+Governor's Bill No. 1251
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160+any general assistance cash benefits or general assistance program 111
161+administrative costs incurred after February 29, 2004. 112
162+(b) The state-administered general assistance program shall provide 113
163+cash assistance of (1) two hundred dollars per month for an 114
164+unemployable person upon determination of such person's 115
165+unemployability; (2) two hundred dollars per month for a transitional 116
166+person who is required to pay for shelter; and (3) fifty dollars per month 117
167+for a transitional person who is not required to pay for shelter. The 118
168+standard of assistance paid for individuals residing in rated boarding 119
169+facilities shall remain at the level in effect on August 31, 2003. No person 120
170+shall be eligible for cash assistance under the program if eligible for cash 121
171+assistance under any other state or federal cash assistance program. The 122
172+standards of assistance set forth in this subsection shall be subject to 123
173+annual increases, as described in subsection (b) of section 17b-104, as 124
174+amended by this act. 125
175+(c) To be eligible for cash assistance under the program, a person shall 126
176+(1) be (A) eighteen years of age or older; (B) a minor found by a court to 127
177+be emancipated pursuant to section 46b-150; or (C) under eighteen years 128
178+of age and the commissioner determines good cause for such person's 129
179+eligibility, and (2) not have assets exceeding five hundred dollars or, if 130
180+such person is married, such person and his or her spouse shall not have 131
181+assets exceeding one thousand dollars. In determining eligibility, the 132
182+commissioner shall not consider as income (A) Aid and Attendance 133
183+pension benefits granted to a veteran, as defined in section 27-103, or the 134
184+surviving spouse of such veteran; and (B) any tax refund or advance 135
185+payment with respect to a refundable credit to the same extent such 136
186+refund or advance payment would be disregarded under 26 USC 6409 137
187+in any federal program or state or local program financed in whole or in 138
188+part with federal funds. No person who is a substance abuser and 139
189+refuses or fails to enter available, appropriate treatment shall be eligible 140
190+for cash assistance under the program until such person enters 141
191+treatment. No person whose benefits from the temporary family 142
192+assistance program have terminated as a result of time-limited benefits 143
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199+or for failure to comply with a program requirement shall be eligible for 144
200+cash assistance under the program. 145
201+(d) Prior to or upon discontinuance of assistance, a person previously 146
202+determined to be a transitional person may petition the commissioner 147
203+to review the determination of his or her status. In such review, the 148
204+commissioner shall consider factors, including, but not limited to: (1) 149
205+Age; (2) education; (3) vocational training; (4) mental and physical 150
206+health; and (5) employment history and shall make a determination of 151
207+such person's ability to obtain gainful employment. 152
208+[(e) Notwithstanding any other provision of this section or section 153
209+17b-194, a victim of domestic violence, as defined in section 17b-112a, 154
210+who is not eligible for diversion assistance under the provisions of 155
211+section 17b-112g, shall be eligible for a one-time assistance payment 156
212+under the state-administered general assistance program within 157
213+resources available to the Department of Social Services. Such payment 158
214+shall be equivalent to that which such victim would be entitled to 159
215+receive as diversion assistance if such victim and his or her family, if 160
216+any, were eligible for diversion assistance. In determining whether and 161
217+in what amount a victim of domestic violence and his or her family are 162
218+eligible for a one-time assistance payment pursuant to this subsection, 163
219+the commissioner shall not include as a member of such victim's family 164
220+the spouse, domestic partner or other household member credibly 165
221+accused of domestic violence by such victim, nor shall the commissioner 166
222+count the income or assets of such a spouse, domestic partner or other 167
223+household member. For purposes of this subsection, allegations of 168
224+domestic violence may be substantiated by the commissioner pursuant 169
225+to the provisions of subsection (b) of section 17b-112a, and "family" has 170
226+the same meaning as used in section 17b-112, except as otherwise 171
227+provided in this subsection.] 172
228+Sec. 6. Section 17b-278l of the general statutes is repealed and the 173
229+following is substituted in lieu thereof (Effective July 1, 2025): 174
230+Governor's Bill No. 1251
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236+(a) (1) As used in this section, "bariatric surgery" means surgical 175
237+changes to the digestive system to help a patient with obesity to lose 176
238+weight; 177
239+(2) "Body mass index" means the number calculated by dividing an 178
240+individual's weight in kilograms by the individual's height in meters 179
241+squared; 180
242+(3) "Medical services" means (A) prescription drugs approved by the 181
243+federal Food and Drug Administration for the treatment of obesity on 182
244+an outpatient basis for individuals with type 2 diabetes and prescription 183
245+drugs approved by the federal Food and Drug Administration on an 184
246+outpatient basis for the treatment of a comorbid condition for 185
247+individuals with obesity, subject to prior authorization and only after 186
248+step therapy when clinically appropriate, and (B) nutritional counseling 187
249+provided by a registered dietitian-nutritionist certified pursuant to 188
250+section 20-206n; 189
251+(4) "Severe obesity" means a body mass index that is: 190
252+(A) Greater than forty; or 191
253+(B) Thirty-five or more if an individual has been diagnosed with a 192
254+comorbid disease or condition, including, but not limited to, a 193
255+cardiopulmonary condition, diabetes, hypertension or sleep apnea; and 194
256+(5) "Obesity" means a body mass index of thirty or higher. 195
257+(b) The Commissioner of Social Services shall [provide medical 196
258+assistance] amend the Medicaid state plan and the state plan for the 197
259+Children's Health Insurance Program to implement the provisions of 198
260+this section and provide coverage under the Medicaid program, in 199
261+accordance with federal law, for (1) bariatric surgery and related 200
262+medical services for Medicaid and HUSKY B beneficiaries with severe 201
263+obesity, and (2) medical services for Medicaid and HUSKY B 202
264+beneficiaries with a body mass index greater than thirty-five, provided 203
265+Governor's Bill No. 1251
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271+such beneficiaries otherwise meet conditions set by the Centers for 204
272+Medicare and Medicaid Services for such surgery and medical services. 205
273+If necessary, the commissioner may amend the Medicaid state plan and 206
274+the state plan for the Children's Health Insurance Program to implement 207
275+the provisions of this section. 208
276+(c) Notwithstanding the provisions of subsection (b) of section 17b-209
277+274f, any step therapy that may be required by the Commissioner of 210
278+Social Services pursuant to the provisions of this section may be for a 211
279+period of time not longer than one hundred eighty days. 212
280+Sec. 7. Subsection (a) of section 17b-244 of the general statutes is 213
281+repealed and the following is substituted in lieu thereof (Effective July 1, 214
282+2025): 215
283+(a) The room and board component of the rates to be paid by the state 216
284+to private facilities and facilities operated by regional education service 217
285+centers which are licensed to provide residential care pursuant to 218
286+section 17a-227, but not certified to participate in the Title XIX Medicaid 219
287+program as intermediate care facilities for individuals with intellectual 220
288+disabilities, shall be determined annually by the Commissioner of Social 221
289+Services, except that rates effective April 30, 1989, shall remain in effect 222
290+through October 31, 1989. Any facility with real property other than 223
291+land placed in service prior to July 1, 1991, shall, for the fiscal year 224
292+ending June 30, 1995, receive a rate of return on real property equal to 225
293+the average of the rates of return applied to real property other than land 226
294+placed in service for the five years preceding July 1, 1993. For the fiscal 227
295+year ending June 30, 1996, and any succeeding fiscal year, the rate of 228
296+return on real property for property items shall be revised every five 229
297+years. The commissioner shall, upon submission of a request by such 230
298+facility, allow actual debt service, comprised of principal and interest, 231
299+on the loan or loans in lieu of property costs allowed pursuant to section 232
300+17-313b-5 of the regulations of Connecticut state agencies, whether 233
301+actual debt service is higher or lower than such allowed property costs, 234
302+provided such debt service terms and amounts are reasonable in 235
303+Governor's Bill No. 1251
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309+relation to the useful life and the base value of the property. In the case 236
310+of facilities financed through the Connecticut Housing Finance 237
311+Authority, the commissioner shall allow actual debt service, comprised 238
312+of principal, interest and a reasonable repair and replacement reserve 239
313+on the loan or loans in lieu of property costs allowed pursuant to section 240
314+17-313b-5 of the regulations of Connecticut state agencies, whether 241
315+actual debt service is higher or lower than such allowed property costs, 242
316+provided such debt service terms and amounts are determined by the 243
317+commissioner at the time the loan is entered into to be reasonable in 244
318+relation to the useful life and base value of the property. The 245
319+commissioner may allow fees associated with mortgage refinancing 246
320+provided such refinancing will result in state reimbursement savings, 247
321+after comparing costs over the terms of the existing proposed loans. For 248
322+the fiscal year ending June 30, 1992, the inflation factor used to 249
323+determine rates shall be one-half of the gross national product 250
324+percentage increase for the period between the midpoint of the cost year 251
325+through the midpoint of the rate year. For fiscal year ending June 30, 252
326+1993, the inflation factor used to determine rates shall be two-thirds of 253
327+the gross national product percentage increase from the midpoint of the 254
328+cost year to the midpoint of the rate year. For the fiscal years ending 255
329+June 30, 1996, and June 30, 1997, no inflation factor shall be applied in 256
330+determining rates. The Commissioner of Social Services shall prescribe 257
331+uniform forms on which such facilities shall report their costs. Such rates 258
332+shall be determined on the basis of a reasonable payment for necessary 259
333+services. Any increase in grants, gifts, fund-raising or endowment 260
334+income used for the payment of operating costs by a private facility in 261
335+the fiscal year ending June 30, 1992, shall be excluded by the 262
336+commissioner from the income of the facility in determining the rates to 263
337+be paid to the facility for the fiscal year ending June 30, 1993, provided 264
338+any operating costs funded by such increase shall not obligate the state 265
339+to increase expenditures in subsequent fiscal years. Nothing contained 266
340+in this section shall authorize a payment by the state to any such facility 267
341+in excess of the charges made by the facility for comparable services to 268
342+the general public. The service component of the rates to be paid by the 269
343+Governor's Bill No. 1251
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349+state to private facilities and facilities operated by regional education 270
350+service centers which are licensed to provide residential care pursuant 271
351+to section 17a-227, but not certified to participate in the Title XIX 272
352+Medicaid programs as intermediate care facilities for individuals with 273
353+intellectual disabilities, shall be determined annually by the 274
354+Commissioner of Developmental Services in accordance with section 275
355+17b-244a. For the fiscal year ending June 30, 2008, no facility shall receive 276
356+a rate that is more than two per cent greater than the rate in effect for 277
357+the facility on June 30, 2007, except any facility that would have been 278
358+issued a lower rate effective July 1, 2007, due to interim rate status or 279
359+agreement with the department, shall be issued such lower rate effective 280
360+July 1, 2007. For the fiscal year ending June 30, 2009, no facility shall 281
361+receive a rate that is more than two per cent greater than the rate in effect 282
362+for the facility on June 30, 2008, except any facility that would have been 283
363+issued a lower rate effective July 1, 2008, due to interim rate status or 284
364+agreement with the department, shall be issued such lower rate effective 285
365+July 1, 2008. For the fiscal years ending June 30, 2010, and June 30, 2011, 286
366+rates in effect for the period ending June 30, 2009, shall remain in effect 287
367+until June 30, 2011, except that (1) the rate paid to a facility may be higher 288
368+than the rate paid to the facility for the period ending June 30, 2009, if a 289
369+capital improvement required by the Commissioner of Developmental 290
370+Services for the health or safety of the residents was made to the facility 291
371+during the fiscal years ending June 30, 2010, or June 30, 2011, and (2) any 292
372+facility that would have been issued a lower rate for the fiscal year 293
373+ending June 30, 2010, or June 30, 2011, due to interim rate status or 294
374+agreement with the department, shall be issued such lower rate. For the 295
375+fiscal year ending June 30, 2012, rates in effect for the period ending June 296
376+30, 2011, shall remain in effect until June 30, 2012, except that (A) the 297
377+rate paid to a facility may be higher than the rate paid to the facility for 298
378+the period ending June 30, 2011, if a capital improvement required by 299
379+the Commissioner of Developmental Services for the health or safety of 300
380+the residents was made to the facility during the fiscal year ending June 301
381+30, 2012, and (B) any facility that would have been issued a lower rate 302
382+for the fiscal year ending June 30, 2012, due to interim rate status or 303
383+Governor's Bill No. 1251
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389+agreement with the department, shall be issued such lower rate. Any 304
390+facility that has a significant decrease in land and building costs shall 305
391+receive a reduced rate to reflect such decrease in land and building costs. 306
392+The rate paid to a facility may be increased if a capital improvement 307
393+approved by the Department of Developmental Services, in consultation 308
394+with the Department of Social Services, for the health or safety of the 309
395+residents was made to the facility during the fiscal year ending June 30, 310
396+2014, or June 30, 2015, only to the extent such increases are within 311
397+available appropriations. For the fiscal years ending June 30, 2016, and 312
398+June 30, 2017, rates shall not exceed those in effect for the period ending 313
399+June 30, 2015, except the rate paid to a facility may be higher than the 314
400+rate paid to the facility for the period ending June 30, 2015, if a capital 315
401+improvement approved by the Department of Developmental Services, 316
402+in consultation with the Department of Social Services, for the health or 317
403+safety of the residents was made to the facility during the fiscal year 318
404+ending June 30, 2016, or June 30, 2017, to the extent such rate increases 319
405+are within available appropriations. For the fiscal years ending June 30, 320
406+2016, and June 30, 2017, and each succeeding fiscal year, any facility that 321
407+would have been issued a lower rate, due to interim rate status, a change 322
408+in allowable fair rent or agreement with the department, shall be issued 323
409+such lower rate. For the fiscal years ending June 30, 2018, and June 30, 324
410+2019, rates shall not exceed those in effect for the period ending June 30, 325
411+2017, except the rate paid to a facility may be higher than the rate paid 326
412+to the facility for the period ending June 30, 2017, if a capital 327
413+improvement approved by the Department of Developmental Services, 328
414+in consultation with the Department of Social Services, for the health or 329
415+safety of the residents was made to the facility during the fiscal year 330
416+ending June 30, 2018, or June 30, 2019, to the extent such rate increases 331
417+are within available appropriations. For the fiscal years ending June 30, 332
418+2020, and June 30, 2021, rates shall not exceed those in effect for the fiscal 333
419+year ending June 30, 2019, except the rate paid to a facility may be higher 334
420+than the rate paid to the facility for the fiscal year ending June 30, 2019, 335
421+if a capital improvement approved by the Department of 336
422+Developmental Services, in consultation with the Department of Social 337
423+Governor's Bill No. 1251
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429+Services, for the health or safety of the residents was made to the facility 338
430+during the fiscal year ending June 30, 2020, or June 30, 2021, to the extent 339
431+such rate increases are within available appropriations. For the fiscal 340
432+years ending June 30, 2022, and June 30, 2023, rates shall be based upon 341
433+rates in effect for the fiscal year ending June 30, 2021, inflated by the 342
434+gross domestic product deflator applicable to each rate year, except the 343
435+commissioner may, in the commissioner's discretion and within 344
436+available appropriations, provide pro rata fair rent increases to facilities 345
437+which have documented fair rent additions placed in service in the cost 346
438+report years ending September 30, 2020, and September 30, 2021, that 347
439+are not otherwise included in rates issued, or if a rate adjustment for a 348
440+capital improvement approved by the Department of Developmental 349
441+Services, in consultation with the Department of Social Services, for the 350
442+health or safety of the residents was made to the facility during the fiscal 351
443+year ending June 30, 2022, or June 30, 2023. For the fiscal year ending 352
444+June 30, 2024, rates shall not exceed those in effect for the fiscal year 353
445+ending June 30, 2023, except the rate paid to a facility may be higher 354
446+than the rate paid to the facility for the fiscal year ending June 30, 2023, 355
447+if a capital improvement approved by the Department of 356
448+Developmental Services, in consultation with the Department of Social 357
449+Services, for the health or safety of the residents was made to the facility 358
450+during the fiscal year ending June 30, 2024, to the extent such rate 359
451+increases are within available appropriations. For the fiscal years ending 360
452+June 30, 2026, and June 30, 2027, rates shall not exceed those in effect for 361
453+the fiscal year ending June 30, 2025, except the rate paid to a facility may 362
454+be higher than the rate paid to the facility for the fiscal year ending June 363
455+30, 2025, if a capital improvement approved by the Department of 364
456+Developmental Services, in consultation with the Department of Social 365
457+Services, for the health or safety of the residents was made to the facility 366
458+during the fiscal year ending June 30, 2026, or June 30, 2027, to the extent 367
459+such rate increases are within available appropriations. 368
460+Sec. 8. (Effective July 1, 2025) For the fiscal years ending June 30, 2026, 369
461+and June 30, 2027, notwithstanding the provisions of subsection (a) of 370
462+Governor's Bill No. 1251
463+
464+
465+
466+LCO No. 4290 13 of 38
467+
468+section 17b-244 of the general statutes, as amended by this act, and 371
469+subsections (a) to (i), inclusive, of section 17b-340 of the general statutes, 372
470+as amended by this act, or any other provision of title 17 or 17b of the 373
471+general statutes, or regulations adopted thereunder, the state rates of 374
472+payment in effect for the fiscal year ending June 30, 2025, for residential 375
473+care homes, community living arrangements and community 376
474+companion homes that receive the flat rate for residential services under 377
475+section 17-311-54 of the regulations of Connecticut state agencies shall 378
476+remain in effect. 379
477+Sec. 9. Subdivision (1) of subsection (h) of section 17b-340 of the 380
478+general statutes is repealed and the following is substituted in lieu 381
479+thereof (Effective July 1, 2025): 382
480+(h) (1) For the fiscal year ending June 30, 1993, any intermediate care 383
481+facility for individuals with intellectual disabilities with an operating 384
482+cost component of its rate in excess of one hundred forty per cent of the 385
483+median of operating cost components of rates in effect January 1, 1992, 386
484+shall not receive an operating cost component increase. For the fiscal 387
485+year ending June 30, 1993, any intermediate care facility for individuals 388
486+with intellectual disabilities with an operating cost component of its rate 389
487+that is less than one hundred forty per cent of the median of operating 390
488+cost components of rates in effect January 1, 1992, shall have an 391
489+allowance for real wage growth equal to thirty per cent of the increase 392
490+determined in accordance with subsection (q) of section 17-311-52 of the 393
491+regulations of Connecticut state agencies, provided such operating cost 394
492+component shall not exceed one hundred forty per cent of the median 395
493+of operating cost components in effect January 1, 1992. Any facility with 396
494+real property other than land placed in service prior to October 1, 1991, 397
495+shall, for the fiscal year ending June 30, 1995, receive a rate of return on 398
496+real property equal to the average of the rates of return applied to real 399
497+property other than land placed in service for the five years preceding 400
498+October 1, 1993. For the fiscal year ending June 30, 1996, and any 401
499+succeeding fiscal year, the rate of return on real property for property 402
500+items shall be revised every five years. The commissioner shall, upon 403
501+Governor's Bill No. 1251
502+
503+
504+
505+LCO No. 4290 14 of 38
506+
507+submission of a request, allow actual debt service, comprised of 404
508+principal and interest, in excess of property costs allowed pursuant to 405
509+section 17-311-52 of the regulations of Connecticut state agencies, 406
510+provided such debt service terms and amounts are reasonable in 407
511+relation to the useful life and the base value of the property. For the fiscal 408
512+year ending June 30, 1995, and any succeeding fiscal year, the inflation 409
513+adjustment made in accordance with subsection (p) of section 17-311-52 410
514+of the regulations of Connecticut state agencies shall not be applied to 411
515+real property costs. For the fiscal year ending June 30, 1996, and any 412
516+succeeding fiscal year, the allowance for real wage growth, as 413
517+determined in accordance with subsection (q) of section 17-311-52 of the 414
518+regulations of Connecticut state agencies, shall not be applied. For the 415
519+fiscal year ending June 30, 1996, and any succeeding fiscal year, no rate 416
520+shall exceed three hundred seventy-five dollars per day unless the 417
521+commissioner, in consultation with the Commissioner of 418
522+Developmental Services, determines after a review of program and 419
523+management costs, that a rate in excess of this amount is necessary for 420
524+care and treatment of facility residents. For the fiscal year ending June 421
525+30, 2002, rate period, the Commissioner of Social Services shall increase 422
526+the inflation adjustment for rates made in accordance with subsection 423
527+(p) of section 17-311-52 of the regulations of Connecticut state agencies 424
528+to update allowable fiscal year 2000 costs to include a three and one-half 425
529+per cent inflation factor. For the fiscal year ending June 30, 2003, rate 426
530+period, the commissioner shall increase the inflation adjustment for 427
531+rates made in accordance with subsection (p) of section 17-311-52 of the 428
532+regulations of Connecticut state agencies to update allowable fiscal year 429
533+2001 costs to include a one and one-half per cent inflation factor, except 430
534+that such increase shall be effective November 1, 2002, and such facility 431
535+rate in effect for the fiscal year ending June 30, 2002, shall be paid for 432
536+services provided until October 31, 2002, except any facility that would 433
537+have been issued a lower rate effective July 1, 2002, than for the fiscal 434
538+year ending June 30, 2002, due to interim rate status or agreement with 435
539+the department shall be issued such lower rate effective July 1, 2002, and 436
540+have such rate updated effective November 1, 2002, in accordance with 437
541+Governor's Bill No. 1251
542+
543+
544+
545+LCO No. 4290 15 of 38
546+
547+applicable statutes and regulations. For the fiscal year ending June 30, 438
548+2004, rates in effect for the period ending June 30, 2003, shall remain in 439
549+effect, except any facility that would have been issued a lower rate 440
550+effective July 1, 2003, than for the fiscal year ending June 30, 2003, due 441
551+to interim rate status or agreement with the department shall be issued 442
552+such lower rate effective July 1, 2003. For the fiscal year ending June 30, 443
553+2005, rates in effect for the period ending June 30, 2004, shall remain in 444
554+effect until September 30, 2004. Effective October 1, 2004, each facility 445
555+shall receive a rate that is five per cent greater than the rate in effect 446
556+September 30, 2004. Effective upon receipt of all the necessary federal 447
557+approvals to secure federal financial participation matching funds 448
558+associated with the rate increase provided in subdivision (4) of 449
559+subsection (f) of this section, but in no event earlier than October 1, 2005, 450
560+and provided the user fee imposed under section 17b-320 is required to 451
561+be collected, each facility shall receive a rate that is four per cent more 452
562+than the rate the facility received in the prior fiscal year, except any 453
563+facility that would have been issued a lower rate effective October 1, 454
564+2005, than for the fiscal year ending June 30, 2005, due to interim rate 455
565+status or agreement with the department, shall be issued such lower rate 456
566+effective October 1, 2005. Such rate increase shall remain in effect unless: 457
567+(A) The federal financial participation matching funds associated with 458
568+the rate increase are no longer available; or (B) the user fee created 459
569+pursuant to section 17b-320 is not in effect. For the fiscal year ending 460
570+June 30, 2007, rates in effect for the period ending June 30, 2006, shall 461
571+remain in effect until September 30, 2006, except any facility that would 462
572+have been issued a lower rate effective July 1, 2006, than for the fiscal 463
573+year ending June 30, 2006, due to interim rate status or agreement with 464
574+the department, shall be issued such lower rate effective July 1, 2006. 465
575+Effective October 1, 2006, no facility shall receive a rate that is more than 466
576+three per cent greater than the rate in effect for the facility on September 467
577+30, 2006, except any facility that would have been issued a lower rate 468
578+effective October 1, 2006, due to interim rate status or agreement with 469
579+the department, shall be issued such lower rate effective October 1, 2006. 470
580+For the fiscal year ending June 30, 2008, each facility shall receive a rate 471
581+Governor's Bill No. 1251
582+
583+
584+
585+LCO No. 4290 16 of 38
586+
587+that is two and nine-tenths per cent greater than the rate in effect for the 472
588+period ending June 30, 2007, except any facility that would have been 473
589+issued a lower rate effective July 1, 2007, than for the rate period ending 474
590+June 30, 2007, due to interim rate status, or agreement with the 475
591+department, shall be issued such lower rate effective July 1, 2007. For the 476
592+fiscal year ending June 30, 2009, rates in effect for the period ending June 477
593+30, 2008, shall remain in effect until June 30, 2009, except any facility that 478
594+would have been issued a lower rate for the fiscal year ending June 30, 479
595+2009, due to interim rate status or agreement with the department, shall 480
596+be issued such lower rate. For the fiscal years ending June 30, 2010, and 481
597+June 30, 2011, rates in effect for the period ending June 30, 2009, shall 482
598+remain in effect until June 30, 2011, except any facility that would have 483
599+been issued a lower rate for the fiscal year ending June 30, 2010, or the 484
600+fiscal year ending June 30, 2011, due to interim rate status or agreement 485
601+with the department, shall be issued such lower rate. For the fiscal year 486
602+ending June 30, 2012, rates in effect for the period ending June 30, 2011, 487
603+shall remain in effect until June 30, 2012, except any facility that would 488
604+have been issued a lower rate for the fiscal year ending June 30, 2012, 489
605+due to interim rate status or agreement with the department, shall be 490
606+issued such lower rate. For the fiscal years ending June 30, 2014, and 491
607+June 30, 2015, rates shall not exceed those in effect for the period ending 492
608+June 30, 2013, except the rate paid to a facility may be higher than the 493
609+rate paid to the facility for the period ending June 30, 2013, if a capital 494
610+improvement approved by the Department of Developmental Services, 495
611+in consultation with the Department of Social Services, for the health or 496
612+safety of the residents was made to the facility during the fiscal year 497
613+ending June 30, 2014, or June 30, 2015, to the extent such rate increases 498
614+are within available appropriations. Any facility that would have been 499
615+issued a lower rate for the fiscal year ending June 30, 2014, or the fiscal 500
616+year ending June 30, 2015, due to interim rate status or agreement with 501
617+the department, shall be issued such lower rate. For the fiscal years 502
618+ending June 30, 2016, and June 30, 2017, rates shall not exceed those in 503
619+effect for the period ending June 30, 2015, except the rate paid to a 504
620+facility may be higher than the rate paid to the facility for the period 505
621+Governor's Bill No. 1251
622+
623+
624+
625+LCO No. 4290 17 of 38
626+
627+ending June 30, 2015, if a capital improvement approved by the 506
628+Department of Developmental Services, in consultation with the 507
629+Department of Social Services, for the health or safety of the residents 508
630+was made to the facility during the fiscal year ending June 30, 2016, or 509
631+June 30, 2017, to the extent such rate increases are within available 510
632+appropriations. For the fiscal years ending June 30, 2016, and June 30, 511
633+2017, and each succeeding fiscal year, any facility that would have been 512
634+issued a lower rate, due to interim rate status, a change in allowable fair 513
635+rent or agreement with the department, shall be issued such lower rate. 514
636+For the fiscal years ending June 30, 2018, and June 30, 2019, rates shall 515
637+not exceed those in effect for the period ending June 30, 2017, except the 516
638+rate paid to a facility may be higher than the rate paid to the facility for 517
639+the period ending June 30, 2017, if a capital improvement approved by 518
640+the Department of Developmental Services, in consultation with the 519
641+Department of Social Services, for the health or safety of the residents 520
642+was made to the facility during the fiscal year ending June 30, 2018, or 521
643+June 30, 2019, only to the extent such rate increases are within available 522
644+appropriations. For the fiscal years ending June 30, 2020, and June 30, 523
645+2021, rates shall not exceed those in effect for the fiscal year ending June 524
646+30, 2019, except the rate paid to a facility may be higher than the rate 525
647+paid to the facility for the fiscal year ending June 30, 2019, if a capital 526
648+improvement approved by the Department of Developmental Services, 527
649+in consultation with the Department of Social Services, for the health or 528
650+safety of the residents was made to the facility during the fiscal year 529
651+ending June 30, 2020, or June 30, 2021, only to the extent such rate 530
652+increases are within available appropriations. For the fiscal year ending 531
653+June 30, 2022, rates shall not exceed those in effect for the fiscal year 532
654+ending June 30, 2021, except the commissioner may, in the 533
655+commissioner's discretion and within available appropriations, provide 534
656+pro rata fair rent increases to facilities that have documented fair rent 535
657+additions placed in service in the cost report year ending September 30, 536
658+2020, that are not otherwise included in rates issued. For the fiscal year 537
659+ending June 30, 2023, rates shall not exceed those in effect for the fiscal 538
660+year ending June 30, 2022, except the commissioner may, in the 539
661+Governor's Bill No. 1251
662+
663+
664+
665+LCO No. 4290 18 of 38
666+
667+commissioner's discretion and within available appropriations, provide 540
668+pro rata fair rent increases to facilities which have documented fair rent 541
669+additions placed in service in the cost report year ending September 30, 542
670+2021, that are not otherwise included in rates issued. For the fiscal years 543
671+ending June 30, 2022, and June 30, 2023, a facility may receive a rate 544
672+increase for a capital improvement approved by the Department of 545
673+Developmental Services, in consultation with the Department of Social 546
674+Services, for the health or safety of the residents during the fiscal year 547
675+ending June 30, 2022, or June 30, 2023, only to the extent such rate 548
676+increases are within available appropriations. There shall be no increase 549
677+to rates based on inflation or any inflationary factor for the fiscal years 550
678+ending June 30, 2022, and June 30, 2023. Notwithstanding any other 551
679+provisions of this chapter, any subsequent increase to allowable 552
680+operating costs, excluding fair rent, shall be inflated by the gross 553
681+domestic product deflator when funding is specifically appropriated for 554
682+such purposes in the enacted budget. The rate of inflation shall be 555
683+computed by comparing the most recent rate year to the average of the 556
684+gross domestic product deflator for the previous four fiscal quarters 557
685+ending March thirty-first. Any increase to rates based on inflation shall 558
686+be applied prior to the application of any other budget adjustment 559
687+factors that may impact such rates. For the fiscal year ending June 30, 560
688+2024, the department shall determine facility rates based upon 2022 cost 561
689+report filings subject to the provisions of this section, adjusted to reflect 562
690+any rate increases provided after the cost report year ending June 30, 563
691+2022, and with the addition of a two per cent adjustment factor. No 564
692+facility shall receive a rate less than the rate in effect for the fiscal year 565
693+ending June 30, 2023. For the fiscal year ending June 30, 2024, the 566
694+minimum per diem, per bed rate shall remain at five hundred one 567
695+dollars for a residential facility licensed pursuant to section 17a-227 and 568
696+certified to participate in the Title XIX Medicaid program as an 569
697+intermediate care facility for individuals with intellectual disability. 570
698+There shall be no increase to rates based on any inflationary factor for 571
699+the fiscal year ending June 30, 2024. For the fiscal year ending June 30, 572
700+2024, and each subsequent fiscal year, the commissioner may, in the 573
701+Governor's Bill No. 1251
702+
703+
704+
705+LCO No. 4290 19 of 38
706+
707+commissioner's discretion and within available appropriations, provide 574
708+pro rata fair rent increases to facilities that have documented fair rent 575
709+additions placed in service in the cost report years that are not otherwise 576
710+included in rates issued. For the fiscal year ending June 30, 2025, the 577
711+department shall determine facility rates based upon 2023 cost report 578
712+filings subject to the provisions of this section, adjusted to reflect any 579
713+rate increases provided after the cost report ending June 30, 2023. A 580
714+facility may receive a rate that is less than the rate in effect for the fiscal 581
715+year ending June 30, 2024, but shall not receive a rate less than the 582
716+minimum per diem, per bed rate. For the fiscal year ending June 30, 583
717+2025, the minimum per diem, per bed rate shall remain at five hundred 584
718+one dollars for a residential facility licensed pursuant to section 17a-227 585
719+and certified to participate in the Title XIX Medicaid program as an 586
720+intermediate care facility for individuals with intellectual disability. 587
721+There shall be no increase to rates based on any inflationary factor for 588
722+the fiscal year ending June 30, 2025. For the fiscal year ending June 30, 589
723+2026, the department shall determine facility rates based upon 2024 cost 590
724+report filings subject to the provisions of this section, adjusted to reflect 591
725+any rate increases provided after the cost report ending June 30, 2024. 592
726+For the fiscal year ending June 30, 2026, there shall be no minimum per 593
727+diem, per bed rate for a residential facility licensed pursuant to section 594
728+17a-227 and certified to participate in the Title XIX Medicaid program 595
729+as an intermediate care facility for individuals with intellectual 596
730+disability. There shall be no increase to rates based on any inflationary 597
731+factor for the fiscal year ending June 30, 2026. For the fiscal year ending 598
732+June 30, 2027, rates shall not exceed those in effect for the fiscal year 599
733+ending June 30, 2026, except the commissioner may, in the 600
734+commissioner's discretion and within available appropriations, provide 601
735+pro rata fair rent increases to facilities that have documented fair rent 602
736+additions placed in service in the cost report year ending September 30, 603
737+2025, that are not otherwise included in rates issued. For the fiscal years 604
738+ending June 30, 2024, and June 30, 2025, a facility may receive a rate 605
739+increase for a capital improvement approved by the Department of 606
740+Developmental Services, in consultation with the Department of Social 607
741+Governor's Bill No. 1251
742+
743+
744+
745+LCO No. 4290 20 of 38
746+
747+Services, for the health or safety of the residents during the fiscal year 608
748+ending June 30, 2024, or June 30, 2025, only to the extent such rate 609
749+increases are within available appropriations. For the fiscal years ending 610
750+June 30, 2026, and June 30, 2027, a facility may receive a rate increase for 611
751+a capital improvement approved by the Department of Developmental 612
752+Services, in consultation with the Department of Social Services, for the 613
753+health or safety of the residents during the fiscal year ending June 30, 614
754+2026, or June 30, 2027, only to the extent such rate increases are within 615
755+available appropriations. Any facility that has a significant decrease in 616
756+land and building costs shall receive a reduced rate to reflect such 617
757+decrease in land and building costs. For the fiscal years ending June 30, 618
758+2012, June 30, 2013, June 30, 2014, June 30, 2015, June 30, 2016, June 30, 619
759+2017, June 30, 2018, June 30, 2019, June 30, 2020, June 30, 2021, June 30, 620
760+2022, June 30, 2023, June 30, 2024, [and] June 30, 2025, June 30, 2026, and 621
761+June 30, 2027, the Commissioner of Social Services may provide fair rent 622
762+increases to any facility that has undergone a material change in 623
763+circumstances related to fair rent and has an approved certificate of need 624
764+pursuant to section 17b-352, 17b-353, 17b-354 or 17b-355. 625
765+Notwithstanding the provisions of this section, the Commissioner of 626
766+Social Services may, within available appropriations, increase or 627
767+decrease rates issued to intermediate care facilities for individuals with 628
768+intellectual disabilities to reflect a reduction in available appropriations 629
769+as provided in subsection (a) of this section. For the fiscal years ending 630
770+June 30, 2014, and June 30, 2015, the commissioner shall not consider 631
771+rebasing in determining rates. Notwithstanding the provisions of this 632
772+subsection, effective July 1, 2021, and July 1, 2022, the commissioner 633
773+shall, within available appropriations, increase rates for the purpose of 634
774+wage and benefit enhancements for employees of intermediate care 635
775+facilities. Facilities that receive a rate adjustment for the purpose of wage 636
776+and benefit enhancements but do not provide increases in employee 637
777+salaries as described in this subsection on or before July 31, 2021, and 638
778+July 31, 2022, respectively, may be subject to a rate decrease in the same 639
779+amount as the adjustment by the commissioner. 640
780+Governor's Bill No. 1251
781+
782+
783+
784+LCO No. 4290 21 of 38
785+
786+Sec. 10. Subsection (i) of section 17b-340 of the general statutes is 641
787+repealed and the following is substituted in lieu thereof (Effective July 1, 642
788+2025): 643
789+(i) For the fiscal year ending June 30, 1993, any residential care home 644
790+with an operating cost component of its rate in excess of one hundred 645
791+thirty per cent of the median of operating cost components of rates in 646
792+effect January 1, 1992, shall not receive an operating cost component 647
793+increase. For the fiscal year ending June 30, 1993, any residential care 648
794+home with an operating cost component of its rate that is less than one 649
795+hundred thirty per cent of the median of operating cost components of 650
796+rates in effect January 1, 1992, shall have an allowance for real wage 651
797+growth equal to sixty-five per cent of the increase determined in 652
798+accordance with subsection (q) of section 17-311-52 of the regulations of 653
799+Connecticut state agencies, provided such operating cost component 654
800+shall not exceed one hundred thirty per cent of the median of operating 655
801+cost components in effect January 1, 1992. Beginning with the fiscal year 656
802+ending June 30, 1993, for the purpose of determining allowable fair rent, 657
803+a residential care home with allowable fair rent less than the twenty-658
804+fifth percentile of the state-wide allowable fair rent shall be reimbursed 659
805+as having allowable fair rent equal to the twenty-fifth percentile of the 660
806+state-wide allowable fair rent. Beginning with the fiscal year ending 661
807+June 30, 1997, a residential care home with allowable fair rent less than 662
808+three dollars and ten cents per day shall be reimbursed as having 663
809+allowable fair rent equal to three dollars and ten cents per day. Property 664
810+additions placed in service during the cost year ending September 30, 665
811+1996, or any succeeding cost year shall receive a fair rent allowance for 666
812+such additions as an addition to three dollars and ten cents per day if 667
813+the fair rent for the facility for property placed in service prior to 668
814+September 30, 1995, is less than or equal to three dollars and ten cents 669
815+per day. Beginning with the fiscal year ending June 30, 2016, a 670
816+residential care home shall be reimbursed the greater of the allowable 671
817+accumulated fair rent reimbursement associated with real property 672
818+additions and land as calculated on a per day basis or three dollars and 673
819+Governor's Bill No. 1251
820+
821+
822+
823+LCO No. 4290 22 of 38
824+
825+ten cents per day if the allowable reimbursement associated with real 674
826+property additions and land is less than three dollars and ten cents per 675
827+day. For the fiscal year ending June 30, 1996, and any succeeding fiscal 676
828+year, the allowance for real wage growth, as determined in accordance 677
829+with subsection (q) of section 17-311-52 of the regulations of Connecticut 678
830+state agencies, shall not be applied. For the fiscal year ending June 30, 679
831+1996, and any succeeding fiscal year, the inflation adjustment made in 680
832+accordance with subsection (p) of section 17-311-52 of the regulations of 681
833+Connecticut state agencies shall not be applied to real property costs. 682
834+Beginning with the fiscal year ending June 30, 1997, minimum allowable 683
835+patient days for rate computation purposes for a residential care home 684
836+with twenty-five beds or less shall be eighty-five per cent of licensed 685
837+capacity. Beginning with the fiscal year ending June 30, 2002, for the 686
838+purposes of determining the allowable salary of an administrator of a 687
839+residential care home with sixty beds or less the department shall revise 688
840+the allowable base salary to thirty-seven thousand dollars to be annually 689
841+inflated thereafter in accordance with section 17-311-52 of the 690
842+regulations of Connecticut state agencies. The rates for the fiscal year 691
843+ending June 30, 2002, shall be based upon the increased allowable salary 692
844+of an administrator, regardless of whether such amount was expended 693
845+in the 2000 cost report period upon which the rates are based. Beginning 694
846+with the fiscal year ending June 30, 2000, and until the fiscal year ending 695
847+June 30, 2009, inclusive, the inflation adjustment for rates made in 696
848+accordance with subsection (p) of section 17-311-52 of the regulations of 697
849+Connecticut state agencies shall be increased by two per cent, and 698
850+beginning with the fiscal year ending June 30, 2002, the inflation 699
851+adjustment for rates made in accordance with subsection (c) of said 700
852+section shall be increased by one per cent. Beginning with the fiscal year 701
853+ending June 30, 1999, for the purpose of determining the allowable 702
854+salary of a related party, the department shall revise the maximum 703
855+salary to twenty-seven thousand eight hundred fifty-six dollars to be 704
856+annually inflated thereafter in accordance with section 17-311-52 of the 705
857+regulations of Connecticut state agencies and beginning with the fiscal 706
858+year ending June 30, 2001, such allowable salary shall be computed on 707
859+Governor's Bill No. 1251
860+
861+
862+
863+LCO No. 4290 23 of 38
864+
865+an hourly basis and the maximum number of hours allowed for a related 708
866+party other than the proprietor shall be increased from forty hours to 709
867+forty-eight hours per work week. For the fiscal year ending June 30, 710
868+2005, each facility shall receive a rate that is two and one-quarter per 711
869+cent more than the rate the facility received in the prior fiscal year, 712
870+except any facility that would have been issued a lower rate effective 713
871+July 1, 2004, than for the fiscal year ending June 30, 2004, due to interim 714
872+rate status or agreement with the department shall be issued such lower 715
873+rate effective July 1, 2004. Effective upon receipt of all the necessary 716
874+federal approvals to secure federal financial participation matching 717
875+funds associated with the rate increase provided in subdivision (4) of 718
876+subsection (f) of this section, but in no event earlier than October 1, 2005, 719
877+and provided the user fee imposed under section 17b-320 is required to 720
878+be collected, each facility shall receive a rate that is determined in 721
879+accordance with applicable law and subject to appropriations, except 722
880+any facility that would have been issued a lower rate effective October 723
881+1, 2005, than for the fiscal year ending June 30, 2005, due to interim rate 724
882+status or agreement with the department, shall be issued such lower rate 725
883+effective October 1, 2005. Such rate increase shall remain in effect unless: 726
884+(1) The federal financial participation matching funds associated with 727
885+the rate increase are no longer available; or (2) the user fee created 728
886+pursuant to section 17b-320 is not in effect. For the fiscal year ending 729
887+June 30, 2007, rates in effect for the period ending June 30, 2006, shall 730
888+remain in effect until September 30, 2006, except any facility that would 731
889+have been issued a lower rate effective July 1, 2006, than for the fiscal 732
890+year ending June 30, 2006, due to interim rate status or agreement with 733
891+the department, shall be issued such lower rate effective July 1, 2006. 734
892+Effective October 1, 2006, no facility shall receive a rate that is more than 735
893+four per cent greater than the rate in effect for the facility on September 736
894+30, 2006, except for any facility that would have been issued a lower rate 737
895+effective October 1, 2006, due to interim rate status or agreement with 738
896+the department, shall be issued such lower rate effective October 1, 2006. 739
897+For the fiscal years ending June 30, 2010, and June 30, 2011, rates in effect 740
898+for the period ending June 30, 2009, shall remain in effect until June 30, 741
899+Governor's Bill No. 1251
900+
901+
902+
903+LCO No. 4290 24 of 38
904+
905+2011, except any facility that would have been issued a lower rate for 742
906+the fiscal year ending June 30, 2010, or the fiscal year ending June 30, 743
907+2011, due to interim rate status or agreement with the department, shall 744
908+be issued such lower rate, except (A) any facility that would have been 745
909+issued a lower rate for the fiscal year ending June 30, 2010, or the fiscal 746
910+year ending June 30, 2011, due to interim rate status or agreement with 747
911+the Commissioner of Social Services shall be issued such lower rate; and 748
912+(B) the commissioner may increase a facility's rate for reasonable costs 749
913+associated with such facility's compliance with the provisions of section 750
914+19a-495a concerning the administration of medication by unlicensed 751
915+personnel. For the fiscal year ending June 30, 2012, rates in effect for the 752
916+period ending June 30, 2011, shall remain in effect until June 30, 2012, 753
917+except that (i) any facility that would have been issued a lower rate for 754
918+the fiscal year ending June 30, 2012, due to interim rate status or 755
919+agreement with the Commissioner of Social Services shall be issued 756
920+such lower rate; and (ii) the commissioner may increase a facility's rate 757
921+for reasonable costs associated with such facility's compliance with the 758
922+provisions of section 19a-495a concerning the administration of 759
923+medication by unlicensed personnel. For the fiscal year ending June 30, 760
924+2013, the Commissioner of Social Services may, within available 761
925+appropriations, provide a rate increase to a residential care home. Any 762
926+facility that would have been issued a lower rate for the fiscal year 763
927+ending June 30, 2013, due to interim rate status or agreement with the 764
928+Commissioner of Social Services shall be issued such lower rate. For the 765
929+fiscal years ending June 30, 2012, and June 30, 2013, the Commissioner 766
930+of Social Services may provide fair rent increases to any facility that has 767
931+undergone a material change in circumstances related to fair rent and 768
932+has an approved certificate of need pursuant to section 17b-352, 17b-353, 769
933+17b-354 or 17b-355. For the fiscal years ending June 30, 2014, and June 770
934+30, 2015, for those facilities that have a calculated rate greater than the 771
935+rate in effect for the fiscal year ending June 30, 2013, the commissioner 772
936+may increase facility rates based upon available appropriations up to a 773
937+stop gain as determined by the commissioner. No facility shall be issued 774
938+a rate that is lower than the rate in effect on June 30, 2013, except that 775
939+Governor's Bill No. 1251
940+
941+
942+
943+LCO No. 4290 25 of 38
944+
945+any facility that would have been issued a lower rate for the fiscal year 776
946+ending June 30, 2014, or the fiscal year ending June 30, 2015, due to 777
947+interim rate status or agreement with the commissioner, shall be issued 778
948+such lower rate. For the fiscal year ending June 30, 2014, and each fiscal 779
949+year thereafter, a residential care home shall receive a rate increase for 780
950+any capital improvement made during the fiscal year for the health and 781
951+safety of residents and approved by the Department of Social Services, 782
952+provided such rate increase is within available appropriations. For the 783
953+fiscal year ending June 30, 2015, and each succeeding fiscal year 784
954+thereafter, costs of less than ten thousand dollars that are incurred by a 785
955+facility and are associated with any land, building or nonmovable 786
956+equipment repair or improvement that are reported in the cost year used 787
957+to establish the facility's rate shall not be capitalized for a period of more 788
958+than five years for rate-setting purposes. For the fiscal year ending June 789
959+30, 2015, subject to available appropriations, the commissioner may, at 790
960+the commissioner's discretion: Increase the inflation cost limitation 791
961+under subsection (c) of section 17-311-52 of the regulations of 792
962+Connecticut state agencies, provided such inflation allowance factor 793
963+does not exceed a maximum of five per cent; establish a minimum rate 794
964+of return applied to real property of five per cent inclusive of assets 795
965+placed in service during cost year 2013; waive the standard rate of return 796
966+under subsection (f) of section 17-311-52 of the regulations of 797
967+Connecticut state agencies for ownership changes or health and safety 798
968+improvements that exceed one hundred thousand dollars and that are 799
969+required under a consent order from the Department of Public Health; 800
970+and waive the rate of return adjustment under subsection (f) of section 801
971+17-311-52 of the regulations of Connecticut state agencies to avoid 802
972+financial hardship. For the fiscal years ending June 30, 2016, and June 803
973+30, 2017, rates shall not exceed those in effect for the period ending June 804
974+30, 2015, except the commissioner may, in the commissioner's discretion 805
975+and within available appropriations, provide pro rata fair rent increases 806
976+to facilities which have documented fair rent additions placed in service 807
977+in cost report years ending September 30, 2014, and September 30, 2015, 808
978+that are not otherwise included in rates issued. For the fiscal years 809
979+Governor's Bill No. 1251
980+
981+
982+
983+LCO No. 4290 26 of 38
984+
985+ending June 30, 2016, and June 30, 2017, and each succeeding fiscal year, 810
986+any facility that would have been issued a lower rate, due to interim rate 811
987+status, a change in allowable fair rent or agreement with the department, 812
988+shall be issued such lower rate. For the fiscal year ending June 30, 2018, 813
989+rates shall not exceed those in effect for the period ending June 30, 2017, 814
990+except the commissioner may, in the commissioner's discretion and 815
991+within available appropriations, provide pro rata fair rent increases to 816
992+facilities which have documented fair rent additions placed in service in 817
993+the cost report year ending September 30, 2016, that are not otherwise 818
994+included in rates issued. For the fiscal year ending June 30, 2019, rates 819
995+shall not exceed those in effect for the period ending June 30, 2018, 820
996+except the commissioner may, in the commissioner's discretion and 821
997+within available appropriations, provide pro rata fair rent increases to 822
998+facilities which have documented fair rent additions placed in service in 823
999+the cost report year ending September 30, 2017, that are not otherwise 824
1000+included in rates issued. For the fiscal year ending June 30, 2020, rates 825
1001+shall not exceed those in effect for the fiscal year ending June 30, 2019, 826
1002+except the commissioner may, in the commissioner's discretion and 827
1003+within available appropriations, provide pro rata fair rent increases to 828
1004+facilities which have documented fair rent additions placed in service in 829
1005+the cost report year ending September 30, 2018, that are not otherwise 830
1006+included in rates issued. For the fiscal year ending June 30, 2021, rates 831
1007+shall not exceed those in effect for the fiscal year ending June 30, 2020, 832
1008+except the commissioner may, in the commissioner's discretion and 833
1009+within available appropriations, provide pro rata fair rent increases to 834
1010+facilities which have documented fair rent additions placed in service in 835
1011+the cost report year ending September 30, 2019, that are not otherwise 836
1012+included in rates issued. For the fiscal year ending June 30, 2022, the 837
1013+commissioner may, in the commissioner's discretion and within 838
1014+available appropriations, provide pro rata fair rent increases to facilities 839
1015+that have documented fair rent additions placed in service in the cost 840
1016+report year ending September 30, 2020, that are not otherwise included 841
1017+in rates issued. For the fiscal year ending June 30, 2023, the 842
1018+commissioner may, in the commissioner's discretion and within 843
1019+Governor's Bill No. 1251
1020+
1021+
1022+
1023+LCO No. 4290 27 of 38
1024+
1025+available appropriations, provide pro rata fair rent increases to facilities 844
1026+which have documented fair rent additions placed in service in the cost 845
1027+report year ending September 30, 2021, that are not otherwise included 846
1028+in rates issued. For the fiscal years ending June 30, 2022, and June 30, 847
1029+2023, a facility may receive a rate increase for a capital improvement 848
1030+approved by the Department of Social Services, for the health or safety 849
1031+of the residents during the fiscal year ending June 30, 2022, or June 30, 850
1032+2023, only to the extent such rate increases are within available 851
1033+appropriations. For the fiscal year ending June 30, 2022, and June 30, 852
1034+2023, rates shall be based upon rates in effect for the fiscal year ending 853
1035+June 30, 2021, inflated by the gross domestic product deflator applicable 854
1036+to each rate year, except the commissioner may, in the commissioner's 855
1037+discretion and within available appropriations, provide pro rata fair 856
1038+rent increases to facilities which have documented fair rent additions 857
1039+placed in service in the cost report years ending September 30, 2020, and 858
1040+September 30, 2021, that are not otherwise included in rates issued. For 859
1041+the fiscal years ending June 30, 2024, and June 30, 2025, a facility may 860
1042+receive a rate increase for a capital improvement approved by the 861
1043+Department of Social Services, for the health or safety of the residents 862
1044+during the fiscal year ending June 30, 2024, or June 30, 2025, only to the 863
1045+extent such rate increases are within available appropriations. For the 864
1046+fiscal year ending June 30, 2024, the department shall determine facility 865
1047+rates based upon 2022 cost report filings subject to the provisions of this 866
1048+section, adjusted to reflect any rate increases provided after the cost 867
1049+report year ending September 30, 2022. There shall be no increase to 868
1050+rates based on any inflationary factor for the fiscal year ending June 30, 869
1051+2024. For the fiscal years ending June 30, 2026, and June 30, 2027, a 870
1052+facility may receive a rate increase for a capital improvement approved 871
1053+by the Department of Social Services, for the health or safety of the 872
1054+residents during the fiscal year ending June 30, 2026, or June 30, 2027, 873
1055+only to the extent such rate increases are within available 874
1056+appropriations. For the fiscal year ending June 30, 2026, the department 875
1057+shall determine facility rates based upon 2024 cost report filings subject 876
1058+to the provisions of this section, adjusted to reflect any rate increases 877
1059+Governor's Bill No. 1251
1060+
1061+
1062+
1063+LCO No. 4290 28 of 38
1064+
1065+provided after the cost report year ending September 30, 2024. For the 878
1066+fiscal year ending June 30, 2027, the department shall determine facility 879
1067+rates based upon 2025 cost report filings subject to the provisions of this 880
1068+section, adjusted to reflect any rate increases provided after the cost 881
1069+report year ending September 30, 2025. There shall be no increase to 882
1070+rates based on any inflationary factor for the fiscal years ending June 30, 883
1071+2026, and June 30, 2027. Notwithstanding any other provisions of this 884
1072+chapter, any subsequent increase to allowable operating costs, 885
1073+excluding fair rent, shall be inflated by the gross domestic product 886
1074+deflator when funding is specifically appropriated for such purposes in 887
1075+the enacted budget. The rate of inflation shall be computed by 888
1076+comparing the most recent rate year to the average of the gross domestic 889
1077+product deflator for the previous four fiscal quarters ending March 890
1078+thirty-first. Any increase to rates based on inflation shall be applied 891
1079+prior to the application of any other budget adjustment factors that may 892
1080+impact such rates. The commissioner shall determine whether and to 893
1081+what extent a change in ownership of a facility shall occasion the 894
1082+rebasing of the facility's costs. There shall be no inflation adjustment 895
1083+during a year in which a facility's rates are rebased. For the fiscal year 896
1084+ending June 30, 2024, the commissioner may, in the commissioner's 897
1085+discretion and within available appropriations, provide pro rata fair 898
1086+rent increases to facilities that have documented fair rent additions 899
1087+placed in service in the cost report year ending September 30, 2022, that 900
1088+are not otherwise included in rates issued. For the fiscal year ending 901
1089+June 30, 2025, the commissioner may, in the commissioner's discretion 902
1090+and within available appropriations, provide pro rata fair rent increases 903
1091+to facilities that have documented fair rent additions placed in service 904
1092+in the cost report year ending September 30, 2023, that are not otherwise 905
1093+included in rates issued. For the fiscal year ending June 30, 2026, the 906
1094+commissioner may, in the commissioner's discretion and within 907
1095+available appropriations, provide pro rata fair rent increases to facilities 908
1096+that have documented fair rent additions placed in service in the cost 909
1097+report year ending September 30, 2024, that are not otherwise included 910
1098+in rates issued. For the fiscal year ending June 30, 2027, the 911
1099+Governor's Bill No. 1251
1100+
1101+
1102+
1103+LCO No. 4290 29 of 38
1104+
1105+commissioner may, in the commissioner's discretion and within 912
1106+available appropriations, provide pro rata fair rent increases to facilities 913
1107+that have documented fair rent additions placed in service in the cost 914
1108+report year ending September 30, 2025, that are not otherwise included 915
1109+in rates issued. 916
1110+Sec. 11. Subdivision (9) of subsection (a) of section 17b-340d of the 917
1111+general statutes is repealed and the following is substituted in lieu 918
1112+thereof (Effective July 1, 2025): 919
1113+(9) On and after July 1, 2025, costs shall be rebased no more frequently 920
1114+than every two years and no less frequently than every four years, as 921
1115+determined by the commissioner. There shall be no inflation adjustment 922
1116+during a year in which a facility's rates are rebased. The commissioner 923
1117+shall determine whether and to what extent a change in ownership of a 924
1118+facility shall occasion the rebasing of the facility's costs. There shall be 925
1119+no rebasing for the fiscal years ending June 30, 2026, and June 30, 2027. 926
1120+Sec. 12. Subdivision (11) of subsection (a) of section 17b-340d of the 927
1121+general statutes is repealed and the following is substituted in lieu 928
1122+thereof (Effective July 1, 2025): 929
1123+(11) There shall be no increase to rates based on inflation or any 930
1124+inflationary factor for the fiscal years ending June 30, 2022, and June 30, 931
1125+2023, unless otherwise authorized under subdivision (1) of this 932
1126+subsection. Notwithstanding section 17-311-52 of the regulations of 933
1127+Connecticut state agencies, for the fiscal years ending June 30, 2024, 934
1128+[and] June 30, 2025, June 30, 2026, and June 30, 2027, there shall be no 935
1129+inflationary increases to rates beyond those already factored into the 936
1130+model for the transition to an acuity-based reimbursement system. 937
1131+Notwithstanding any other provisions of this chapter, any subsequent 938
1132+increase to allowable operating costs, excluding fair rent, shall be 939
1133+inflated by the gross domestic product deflator when funding is 940
1134+specifically appropriated for such purposes in the enacted budget. The 941
1135+rate of inflation shall be computed by comparing the most recent rate 942
1136+Governor's Bill No. 1251
1137+
1138+
1139+
1140+LCO No. 4290 30 of 38
1141+
1142+year to the average of the gross domestic product deflator for the 943
1143+previous four fiscal quarters ending March thirty-first. Any increase to 944
1144+rates based on inflation shall be applied prior to the application of any 945
1145+other budget adjustment factors that may impact such rates. 946
1146+Sec. 13. Subsection (i) of section 17b-342 of the general statutes is 947
1147+repealed and the following is substituted in lieu thereof (Effective July 1, 948
1148+2025): 949
1149+(i) (1) The Commissioner of Social Services shall, within available 950
1150+appropriations, administer a state-funded portion of the Connecticut 951
1151+home-care program for the elderly for persons (A) who are sixty-five 952
1152+years of age and older and are not eligible for Medicaid; (B) who are 953
1153+inappropriately institutionalized or at risk of inappropriate 954
1154+institutionalization; (C) whose income is less than or equal to the 955
1155+amount allowed for a person who would be eligible for medical 956
1156+assistance if residing in a nursing facility; and (D) whose assets, if single, 957
1157+do not exceed one hundred fifty per cent of the federal minimum 958
1158+community spouse protected amount pursuant to 42 USC 1396r-5(f)(2) 959
1159+or, if married, the couple's assets do not exceed two hundred per cent of 960
1160+said community spouse protected amount. For program applications 961
1161+received by the Department of Social Services for the fiscal years ending 962
1162+June 30, 2016, and June 30, 2017, only persons who require the level of 963
1163+care provided in a nursing home shall be eligible for the state-funded 964
1164+portion of the program, except for persons residing in affordable 965
1165+housing under the assisted living demonstration project established 966
1166+pursuant to section 17b-347e who are otherwise eligible in accordance 967
1167+with this section. 968
1168+(2) Except for persons residing in affordable housing under the 969
1169+assisted living demonstration project established pursuant to section 970
1170+17b-347e, as provided in subdivision (3) of this subsection, any person 971
1171+whose income is at or below two hundred per cent of the federal poverty 972
1172+level and who is ineligible for Medicaid shall contribute [three] five per 973
1173+cent of the cost of his or her care not to exceed a cap of one hundred 974
1174+Governor's Bill No. 1251
1175+
1176+
1177+
1178+LCO No. 4290 31 of 38
1179+
1180+seventy-five dollars per month for the fiscal year ending June 30, 2026. 975
1181+On July 1, 2026, and annually thereafter, said cap shall be indexed 976
1182+annually based on the percentage increase in the most recent calendar 977
1183+year average in the consumer price index for urban consumers over the 978
1184+average for the previous calendar year. Any person whose income 979
1185+exceeds two hundred per cent of the federal poverty level shall 980
1186+contribute [three] five per cent of the cost of his or her care not to exceed 981
1187+said cap in addition to the amount of applied income determined in 982
1188+accordance with the methodology established by the Department of 983
1189+Social Services for recipients of medical assistance. Any person who 984
1190+does not contribute to the cost of care in accordance with this 985
1191+subdivision shall be ineligible to receive services under this subsection. 986
1192+Notwithstanding any provision of sections 17b-60 and 17b-61, the 987
1193+department shall not be required to provide an administrative hearing 988
1194+to a person found ineligible for services under this subsection because 989
1195+of a failure to contribute to the cost of care. 990
1196+(3) Any person who resides in affordable housing under the assisted 991
1197+living demonstration project established pursuant to section 17b-347e 992
1198+and whose income is at or below two hundred per cent of the federal 993
1199+poverty level, shall not be required to contribute to the cost of care. Any 994
1200+person who resides in affordable housing under the assisted living 995
1201+demonstration project established pursuant to section 17b-347e and 996
1202+whose income exceeds two hundred per cent of the federal poverty 997
1203+level, shall contribute to the applied income amount determined in 998
1204+accordance with the methodology established by the Department of 999
1205+Social Services for recipients of medical assistance. Any person whose 1000
1206+income exceeds two hundred per cent of the federal poverty level and 1001
1207+who does not contribute to the cost of care in accordance with this 1002
1208+subdivision shall be ineligible to receive services under this subsection. 1003
1209+Notwithstanding any provision of sections 17b-60 and 17b-61, the 1004
1210+department shall not be required to provide an administrative hearing 1005
1211+to a person found ineligible for services under this subsection because 1006
1212+of a failure to contribute to the cost of care. 1007
1213+Governor's Bill No. 1251
1214+
1215+
1216+
1217+LCO No. 4290 32 of 38
1218+
1219+(4) The annualized cost of services provided to an individual under 1008
1220+the state-funded portion of the program shall not exceed fifty per cent 1009
1221+of the weighted average cost of care in nursing homes in the state, except 1010
1222+an individual who received services costing in excess of such amount 1011
1223+under the Department of Social Services in the fiscal year ending June 1012
1224+30, 1992, may continue to receive such services, provided the annualized 1013
1225+cost of such services does not exceed eighty per cent of the weighted 1014
1226+average cost of such nursing home care. The commissioner may allow 1015
1227+the cost of services provided to an individual to exceed the maximum 1016
1228+cost established pursuant to this subdivision in a case of extreme 1017
1229+hardship, as determined by the commissioner, provided in no case shall 1018
1230+such cost exceed that of the weighted cost of such nursing home care. 1019
1231+Sec. 14. Section 17b-597 of the general statutes, as amended by section 1020
1232+64 of public act 24-81, is repealed and the following is substituted in lieu 1021
1233+thereof (Effective July 1, 2025): 1022
1234+(a) The Department of Social Services shall establish and implement 1023
1235+a working persons with disabilities program to provide medical 1024
1236+assistance as authorized under 42 USC 1396a(a)(10)(A)(ii), as amended 1025
1237+from time to time, to persons who are disabled and regularly employed. 1026
1238+(b) The Commissioner of Social Services shall amend the Medicaid 1027
1239+state plan to allow persons specified in subsection (a) of this section to 1028
1240+qualify for medical assistance. The amendment shall include the 1029
1241+following requirements: (1) That the person be engaged in a substantial 1030
1242+and reasonable work effort as determined by the commissioner and as 1031
1243+permitted by federal law and have an annual adjusted gross income, as 1032
1244+defined in Section 62 of the Internal Revenue Code of 1986, or any 1033
1245+subsequent corresponding internal revenue code of the United States, 1034
1246+as amended from time to time, of not more than eighty-five thousand 1035
1247+dollars per year; (2) a disregard of all countable income up to two 1036
1248+hundred per cent of the federal poverty level; (3) for an unmarried 1037
1249+person, an asset limit of twenty thousand dollars, and for a married 1038
1250+couple, an asset limit of thirty thousand dollars; (4) a disregard of any 1039
1251+Governor's Bill No. 1251
1252+
1253+
1254+
1255+LCO No. 4290 33 of 38
1256+
1257+retirement and medical savings accounts established pursuant to 26 1040
1258+USC 220 and held by either the person or the person's spouse; (5) a 1041
1259+disregard of any moneys in accounts designated by the person or the 1042
1260+person's spouse for the purpose of purchasing goods or services that 1043
1261+will increase the employability of such person, subject to approval by 1044
1262+the commissioner; (6) a disregard of spousal income solely for purposes 1045
1263+of determination of eligibility; and (7) a contribution of any countable 1046
1264+income of the person or the person's spouse which exceeds two hundred 1047
1265+per cent of the federal poverty level, as adjusted for the appropriate 1048
1266+family size, equal to ten per cent of the excess minus any premiums paid 1049
1267+from income for health insurance by any family member, but which 1050
1268+does not exceed the maximum contribution allowable under Section 1051
1269+201(a)(3) of Public Law 106-170, as amended from time to time. 1052
1270+[(c) Notwithstanding the provisions of subsection (b) of this section, 1053
1271+on and after July 1, 2026, the commissioner shall phase in the elimination 1054
1272+of income and asset limits for a participant in the program over four 1055
1273+fiscal years by annually increasing (1) the income limit prescribed in 1056
1274+subdivision (1) of subsection (b) of this section by ten thousand dollars, 1057
1275+and (2) the asset limit prescribed in subdivision (3) of subsection (b) of 1058
1276+this section by ten thousand dollars for an unmarried person and fifteen 1059
1277+thousand dollars for a married couple. On and after July 1, 2029, there 1060
1278+shall be no income or asset limit for eligibility for the program.] 1061
1279+[(d)] (c) The Commissioner of Social Services shall implement the 1062
1280+policies and procedures necessary to carry out the provisions of this 1063
1281+section while in the process of adopting such policies and procedures in 1064
1282+regulation form, provided notice of intent to adopt the regulations is 1065
1283+posted on the eRegulations System in accordance with section 17b-10. 1066
1284+The commissioner shall define "countable income" for purposes of 1067
1285+subsection (b) of this section which shall take into account impairment-1068
1286+related work expenses as defined in the Social Security Act. Such 1069
1287+policies and procedures shall be valid until the time final regulations are 1070
1288+effective. 1071
1289+Governor's Bill No. 1251
1290+
1291+
1292+
1293+LCO No. 4290 34 of 38
1294+
1295+Sec. 15. Section 19a-634 of the general statutes is repealed and the 1072
1296+following is substituted in lieu thereof (Effective July 1, 2025): 1073
1297+(a) [The] On or before June 30, 2029, and every five years thereafter, 1074
1298+the Health Systems Planning Unit shall conduct, [on a biennial basis] 1075
1299+within available appropriations, a state-wide health care facility 1076
1300+utilization study. Such study may include an assessment of: (1) Current 1077
1301+availability and utilization of acute hospital care, hospital emergency 1078
1302+care, specialty hospital care, outpatient surgical care, primary care and 1079
1303+clinic care; (2) geographic areas and subpopulations that may be 1080
1304+underserved or have reduced access to specific types of health care 1081
1305+services; and (3) other factors that the unit deems pertinent to health care 1082
1306+facility utilization. Not later than June thirtieth of the year in which the 1083
1307+[biennial] quinquennial study is conducted, the Commissioner of 1084
1308+Health Strategy shall report, in accordance with section 11-4a, to the 1085
1309+Governor and the joint standing committees of the General Assembly 1086
1310+having cognizance of matters relating to public health and human 1087
1311+services on the findings of the study. Such report may also include the 1088
1312+unit's recommendations for addressing identified gaps in the provision 1089
1313+of health care services and recommendations concerning a lack of access 1090
1314+to health care services. 1091
1315+(b) The unit, in consultation with such other state agencies as the 1092
1316+commissioner deems appropriate, shall establish and maintain a state-1093
1317+wide health care facilities and services plan. Such plan may include, but 1094
1318+not be limited to: (1) An assessment of the availability of acute hospital 1095
1319+care, hospital emergency care, specialty hospital care, outpatient 1096
1320+surgical care, primary care and clinic care; (2) an evaluation of the unmet 1097
1321+needs of persons at risk and vulnerable populations as determined by 1098
1322+the commissioner; (3) a projection of future demand for health care 1099
1323+services and the impact that technology may have on the demand, 1100
1324+capacity or need for such services; and (4) recommendations for the 1101
1325+expansion, reduction or modification of health care facilities or services. 1102
1326+In the development of the plan, the unit shall consider the 1103
1327+recommendations of any advisory bodies which may be established by 1104
1328+Governor's Bill No. 1251
1329+
1330+
1331+
1332+LCO No. 4290 35 of 38
1333+
1334+the commissioner. The commissioner may also incorporate the 1105
1335+recommendations of authoritative organizations whose mission is to 1106
1336+promote policies based on best practices or evidence-based research. 1107
1337+The commissioner, in consultation with hospital representatives, shall 1108
1338+develop a process that encourages hospitals to incorporate the state-1109
1339+wide health care facilities and services plan into hospital long-range 1110
1340+planning and shall facilitate communication between appropriate state 1111
1341+agencies concerning innovations or changes that may affect future 1112
1342+health planning. The unit shall update the state-wide health care 1113
1343+facilities and services plan not less than once every [two] five years. 1114
1344+(c) For purposes of conducting the state-wide health care facility 1115
1345+utilization study and preparing the state-wide health care facilities and 1116
1346+services plan, the unit shall establish and maintain an inventory of all 1117
1347+health care facilities, the equipment identified in subdivisions (9) and 1118
1348+(10) of subsection (a) of section 19a-638, and services in the state, 1119
1349+including health care facilities that are exempt from certificate of need 1120
1350+requirements under subsection (b) of section 19a-638. The unit shall 1121
1351+develop an inventory questionnaire to obtain the following information: 1122
1352+(1) The name and location of the facility; (2) the type of facility; (3) the 1123
1353+hours of operation; (4) the type of services provided at that location; and 1124
1354+(5) the total number of clients, treatments, patient visits, procedures 1125
1355+performed or scans performed in a calendar year. The inventory shall 1126
1356+be completed [biennially] every five years by health care facilities and 1127
1357+providers and such health care facilities and providers shall not be 1128
1358+required to provide patient specific or financial data. 1129
1359+Sec. 16. Subsection (a) of section 38a-1060 of the general statutes is 1130
1360+repealed and the following is substituted in lieu thereof (Effective July 1, 1131
1361+2025): 1132
1362+(a) There is established an Office of the Behavioral Health Advocate 1133
1363+which shall be within the [Insurance Department for administrative 1134
1364+purposes only] Office of the Healthcare Advocate. 1135
1365+Governor's Bill No. 1251
1366+
1367+
1368+
1369+LCO No. 4290 36 of 38
1370+
1371+Sec. 17. Section 38a-1061 of the general statutes is repealed and the 1136
1372+following is substituted in lieu thereof (Effective July 1, 2025): 1137
1373+(a) [The Office of the Behavioral Health Advocate shall be under the 1138
1374+direction of the Behavioral Health Advocate who shall be appointed by 1139
1375+the Governor, with the approval of the General Assembly.] The 1140
1376+Behavioral Health Advocate shall be an elector of the state with 1141
1377+expertise and experience in the fields of mental or behavioral health 1142
1378+care, health insurance and advocacy for parity in mental and behavioral 1143
1379+health access and outcomes. [In addition to the Behavioral Health 1144
1380+Advocate, the Office of the Behavioral Health Advocate shall consist of 1145
1381+sufficient staff as the requirements and resources of the office permit, of 1146
1382+whom at least one shall be an attorney and at least one shall be a patient 1147
1383+care navigator.] 1148
1384+(b) The Governor shall make the initial appointment of the Behavioral 1149
1385+Health Advocate from a list of candidates prepared and submitted, not 1150
1386+later than February 1, 2024, to the Governor by the advisory committee 1151
1387+established pursuant to section 38a-1062. The Governor shall notify the 1152
1388+advisory committee of the pending expiration of the term of an 1153
1389+incumbent Behavioral Health Advocate not less than ninety days prior 1154
1390+to the final day of the Behavioral Health Advocate's term in office. If a 1155
1391+vacancy occurs in the position of Behavioral Health Advocate, the 1156
1392+Governor shall notify the advisory committee immediately of the 1157
1393+vacancy. The advisory committee shall meet to consider qualified 1158
1394+candidates for the position of Behavioral Health Advocate and shall 1159
1395+submit a list of not more than five candidates to the Governor ranked in 1160
1396+order of preference, not more than sixty days after receiving notice from 1161
1397+the Governor of the pending expiration of the Behavioral Health 1162
1398+Advocate's term or the occurrence of a vacancy. The Governor shall 1163
1399+designate, not more than sixty days after receipt of the list of candidates 1164
1400+from the advisory committee, one candidate from the list for the position 1165
1401+of Behavioral Health Advocate. If, after the list is submitted to the 1166
1402+Governor by the advisory committee, any candidate withdraws from 1167
1403+consideration, the Governor shall designate a candidate from those 1168
1404+Governor's Bill No. 1251
1405+
1406+
1407+
1408+LCO No. 4290 37 of 38
1409+
1410+remaining on the list. If the Governor fails to designate a candidate 1169
1411+within sixty days of receipt of the list from the advisory committee, the 1170
1412+advisory committee shall refer the candidate with the highest ranking 1171
1413+on the list to the General Assembly for confirmation. If the General 1172
1414+Assembly is not in session at the time of the [Governor's or] advisory 1173
1415+committee's designation of a candidate, the candidate shall serve as the 1174
1416+acting Behavioral Health Advocate until the General Assembly meets 1175
1417+and confirms the candidate as Behavioral Health Advocate. A candidate 1176
1418+serving as acting Behavioral Health Advocate is entitled to 1177
1419+compensation and has all the powers, duties and privileges of the 1178
1420+Behavioral Health Advocate. A Behavioral Health Advocate shall serve 1179
1421+a term of four years, not including any time served as acting Behavioral 1180
1422+Health Advocate, and may be reappointed by the Governor or shall 1181
1423+remain in the position until a successor is confirmed. Although an 1182
1424+incumbent Behavioral Health Advocate may be reappointed, the 1183
1425+Governor shall also consider additional candidates from a list submitted 1184
1426+by the advisory committee as provided in this section. 1185
1427+[(c) Upon a vacancy in the position of the Behavioral Health 1186
1428+Advocate, the most senior attorney in the Office of the Behavioral 1187
1429+Health Advocate shall serve as the acting Behavioral Health Advocate 1188
1430+until the vacancy is filled pursuant to subsection (a) or (b) of this section. 1189
1431+The acting Behavioral Health Advocate has all the powers, duties and 1190
1432+privileges of the Behavioral Health Advocate.] 1191
1433+Sec. 18. Subdivision (3) of subsection (d) of section 4-28f of the general 1192
1434+statutes is repealed and the following is substituted in lieu thereof 1193
1435+(Effective July 1, 2025): 1194
1436+(3) After such recommendations for the authorization of 1195
1437+disbursement have been approved or modified pursuant to subdivision 1196
1438+(2) of this subsection, any modification in the amount of an authorized 1197
1439+disbursement in excess of [fifty] one hundred seventy-five thousand 1198
1440+dollars [or ten per cent of the authorized amount, whichever is less,] 1199
1441+shall be submitted to said joint standing committees and approved, 1200
1442+Governor's Bill No. 1251
1443+
1444+
1445+
1446+LCO No. 4290 38 of 38
1447+
1448+modified or rejected in accordance with the procedure set forth in 1201
1449+subdivision (2) of this subsection. Notification of all disbursements from 1202
1450+the trust fund made pursuant to this section shall be sent to the joint 1203
1451+standing committees of the General Assembly having cognizance of 1204
1452+matters relating to public health and appropriations and the budgets of 1205
1453+state agencies, through the Office of Fiscal Analysis. 1206
1031454 This act shall take effect as follows and shall amend the following
1041455 sections:
1051456
1061457 Section 1 July 1, 2025 14-11b
107-Sec. 2 July 1, 2025 17b-8(e)
108-Sec. 3 July 1, 2025 New section
109-Sec. 4 November 1, 2025 New section Substitute Bill No. 1251
1458+Sec. 2 July 1, 2025 17b-104(b)
1459+Sec. 3 July 1, 2025 17b-106(a)
1460+Sec. 4 July 1, 2025 17b-112g(a)
1461+Sec. 5 July 1, 2025 17b-191
1462+Sec. 6 July 1, 2025 17b-278l
1463+Sec. 7 July 1, 2025 17b-244(a)
1464+Sec. 8 July 1, 2025 New section
1465+Sec. 9 July 1, 2025 17b-340(h)(1)
1466+Sec. 10 July 1, 2025 17b-340(i)
1467+Sec. 11 July 1, 2025 17b-340d(a)(9)
1468+Sec. 12 July 1, 2025 17b-340d(a)(11)
1469+Sec. 13 July 1, 2025 17b-342(i)
1470+Sec. 14 July 1, 2025 17b-597
1471+Sec. 15 July 1, 2025 19a-634
1472+Sec. 16 July 1, 2025 38a-1060(a)
1473+Sec. 17 July 1, 2025 38a-1061
1474+Sec. 18 July 1, 2025 4-28f(d)(3)
1101475
1476+Statement of Purpose:
1477+To implement the Governor's budget recommendations regarding
1478+health and human services.
1111479
112-LCO 4 of 4
113-
114-
115-Statement of Legislative Commissioners:
116- The title was changed; in Section 2(e), "schedule a vote" and "schedule
117-such vote" were changed to "schedule a hearing" and "schedule such
118-hearing" for consistency with the general statutes, and "it" was changed
119-to "the state plan amendment in accordance with subsection (a) of this
120-section" for clarity.
121-
122-HS Joint Favorable Subst.
123-
1480+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
1481+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
1482+underlined.]